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MERIDIAN CONTRACTS SDN BHD v. BAUER (M) SDN BHD
Court of Appeal, Putrajaya
Mohamad Zabidin Mohd Diah, Hadhariah Syed Ismail, Ahmad Nasfy Yasin JJCA
[Civil Appeal No: W-02(NCVC)(W)-1567-07-2018]
25 June 2021
[2021] 5 MLRA 736

JUDGMENT

Ahmad Nasfy Yasin JCA:

Introduction

[1] This is an appeal by the appellant, the plaintiff in the court below against the decision of the learned High Court Judge in dismissing the appellant's claim after trial.

[2] We have read the written submission and heard counsel for both parties.

[3] Having considered the materials placed before us in the records of appeal, we are satisfied that there are merits in the appeal. We accordingly and unanimously allowed the appeal. The following are our grounds in arriving at that decision.

Background Facts

[4] The dispute between the parties arose from facts that occurred commonly in construction contracts. It occurred in the following way. The respondent was appointed by Embassy Court Sdn Bhd on 12 July 2005 to carry out and complete the piling and substructure works for a condominium project located on part of Lot 305, Section 63, Lorong Kuda, Off Jalan Tun Razak, Kuala Lumpur. The value of this project was stated to be RM31,226,056.14. The respondent, subsequently on 30 August 2015, appointed the appellant to carry out the piling works. The value of the sub-contract between the appellant and the respondent is stated as RM10,041,468.61.

CASE HIGHLIGHTS

PRESS METAL SARAWAK SDN BHD v. ETIQA TAKAFUL BERHAD
Federal Court, Putrajaya
2016] 5 MLRA 529
[Civil Appeal No: 02(i)-27-04-2015(W)]
15 August 2016 [+]
TAN POOI YEE v. KETUA PENGARAH JABATAN PENDAFTARAN NEGARA
High Court Malaya, Kuala Lumpur
[2016] 5 MLRH 501
24NCVC-1306-08-2015
18 July 2016 [+]
ILANGOVAN KRISHNAN v. SHIYA SDN BHD
Industrial Court, Johor
[2016] 2 MELR 374
16/4-157/15
27 April 2016 [+]
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